| The New Mexico Senate just passed the National Popular Vote bill by a 25-16 vote and sent the bill to Governor Michelle Lujan Grisham. The bill is also now on the desk of Colorado Governor Polis. If both bills are signed, the National Popular Vote bill will have been passed by states possessing 186 electoral votes. The bill needs to be passed by states possessing 270 electoral votes in order to take effect. |
| BACKGROUND The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states and the District of Columbia. It would make every vote for President equal throughout the United States. It would guarantee that every voter in every state matters in every presidential election. The shortcomings of the current system of electing the President stem from “winner-take-all” laws that have been enacted at the state level. These laws award 100% of a state’s electoral votes to the candidate receiving the most popular votes in each state. Because of these state winner-take-all laws, five of our 45 Presidents (including two of the last three) have come into office without having won the most popular votes nationwide. Another problem occurs in every presidential election, namely that presidential candidates have no reason to campaign in, or pay attention to, voters in states where they are safely ahead or hopelessly behind. In 2016, almost all (94%) general-election campaign events were in the 12 closely divided “battleground” states where Trump’s support was in the narrow range of 43%-51%. Two-thirds of the campaign events (273 of 399) were in just 6 states (OH, FL, VA, NC, PA, MI). Almost all small and medium-sized states and almost all western, southern, and northeastern states were totally ignored. In 2012, 100% of the general-election campaign events and virtually all expenditures were concentrated in the 12 closely divided “battleground” states where Romney’s support was 45%-51%. Two-thirds of the events (176 of 253) were concentrated in just 4 states (OH, FL, VA, IA). It does not take an amendment to the U.S. Constitution to change existing state winner-take-all laws. State winner-take-all laws were enacted by state legislatures under their authority under Article II of the U.S. Constitution: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors….” These state laws may be changed in the same way as they were originally enacted — namely by action of the state legislature. The winner-take-all method of awarding electoral votes was not the Founding Fathers’ choice. It was used by only three states in the nation’s first presidential election in 1789 (and repealed by all three by 1800). Winner-take-all was never debated at the Constitutional Convention or mentioned in the Federalist Papers. Under the National Popular Vote bill, the national popular vote winner will receive all the electoral votes from the enacting states. The bill will take effect when enacted by states possessing a majority of the electoral votes — enough to elect a President (270 of 538). When the Electoral College meets in mid-December, the national popular vote winner will become President because the enacting states will provide him or her with at least 270 electoral votes. Thus, the candidate receiving the most popular votes in all 50 states and DC will become President. A national popular vote for President is an achievable political goal that can be in place in time for the 2020 election. The bill has already been enacted into law in 12 states possessing 172 electoral votes. It will take effect when enacted by additional states having 98 electoral votes. The bill has previously passed one chamber in 11 additional states with 89 electoral votes and has been approved by unanimous bipartisan committee votes in two states with an additional 26 electoral votes. A total of 3,265 state legislators among all 50 states have endorsed it. |
